TORAN CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.02.2011 passed by Additional Sessions Judge (FTC), Bemtara, Distt. Durg (CG) in Session Trial No.29/2010 wherein the said Court convicted the appellant for commission of offence under Sections 450 & 376(1) of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for five years and to pay fine of 2000/-; RI for eight years and to pay fine of R.4000/- with default stipulations with a direction to run the sentences concurrently.

(2.) In the present case, prosecutrix is PW-1. As per the prosecution case, on 11.4.2010 at about 11.00 am, the appellant entered into the house of the prosecutrix and committed sexual intercourse with her without her consent and against her will. Brother of the prosecutrix reached to the spot where the appellant was present. Thereafter the matter was reported, after completion of investigation, the appellant was charge sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under: